Butte County one step from new marijuana cultivation measure

OROVILLE — Butte County is one small step from having a new marijuana cultivation ordinance, and nobody is entirely pleased with the compromise measure.

On a 4-1 vote — with Chico Supervisor Larry Wahl the lone dissenter — the board today "waived the first reading" of the ordinance. That means the measure which limits the number of plants that can be grown based on the acreage of a parcel, will come back to the supervisors in two weeks.

At that time the panel will be asked to give approval to the ordinance.

The measure was the creation of a 15-member committee, that included four growers, four non-grower citizens, four members of the county staff, District Attorney Mike Ramsey, Sheriff Jerry Smith, and a meeting facilitator.

The ordinance applies only to property within the county's jurisdiction, and not any property within a city.

In introducing the proposal, Paul Hahn, the county's chief administrator and a member of the committee that framed the document, called the proposal a compromise.

It allows marijuana to be cultivated in all residential zones.

It prohibits gardens within 1,000 feet of schools, parks and youth-oriented sites.

Hahn went on to say every member of the panel would like to see some things changed.

Unlike an ordinance that was passed by the supervisors of May 2011 and defeated in a referendum in June of 2012, growers are not required to register with the county Department of Development Services.

Where that ordinance prohibited any marijuana growing on lots a half-acre or smaller, this effort allows indoor growing in a detached 120-square-foot building on the smallest lots. The indoor grows have to be equipped with ventilation capable of masking the smell of the plants.

The indoor grows do not have a specific number of allowed plants., but for but for grows larger than a half-acre but smaller than 1.5 acre 18 plants are allowed.

The number of allowable plants climbs with the size of the land and peaks at 99 plants for 40 acre and larger lots.

Hahn stressed it is a "civil" measure that has no attached criminal penalties and it is driven by complaints. The complaints have to be made by individuals whose property is within 1,500 feet of the property line where the allegedly offending garden is located.

Patricia Vance, a citizen member of the committee, was more than unhappy with the proposal.

She said the proposal was a sellout to the growers.

"The ordinance, as it is, does no good for the people," she said. Vance complained the number of acceptable plants in each acreage is greater than in the ordinance rejected by county voters.

Rob McKenzie, one of the four marijuana advocates on the committee, said many of the panel's sessions were "acrimonious," and he praised the county staff for keeping things calm and on track.

He said the final product is "a compassionate ordinance."

During the three-hour hearing people attacked the proposal for not adequately protecting neighbors from the stench of the growing plants, nor from the dangers of thieves and even gunfire that can erupt if robbers attempt to raid somebody's garden.

Others complained the ordinance was too restrictive on growers particularly in the smallest lots.

Still others said the failure of Measure A was proof the people wanted no restrictions on marijuana growing.

Oroville Supervisor Bill Connelly, chairman of the board, said he felt like it must be a pretty good compromise because both sides weren't happy.

Wahl said the measure provides no protection of non-grower property values and it doesn't address the public safety concerns associated with criminality around marijuana gardens.

"Lastly it violates federal law," said Wahl.

After the meeting Hahn said the ordinance will come back to the panel for final action on Feb. 24. The public will have another chance then to speak for or against the item. If it passes, it goes into effect 60 days after the vote.